V.Senthilkumar v. Minor Vigneshwaran Valliappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.4629 & 4630 of 2023 V.Senthilkumar ... Petitioner Vs.

Minor Vigneshwaran Valliappan represented through his mother / Natual Guardian, Ramagiri, W/o Senthilkumar, ET-04, Vaniya Block, 78 TPK Road, Agrini Apartments, Andalpuram, Madakulam, Madurai.

... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of the petition in M.C No.181/2022 before the Family Court Madurai and Quash the same. For Petitioner : Mr.RM.Arun Swaminathan O R D E R This petition has been filed to quash the proceedings in M.C No. 181/2022 before the Family Court Madurai and Quash the same. 1/4

2.The petitioner is facing trial before the trial Court which was filed by his son represented by his wife, seeking maintenance. 3.The learned counsel for the petitioner would submit that it would suffice if the personal appearance of the petitioner before the trial Court is dispensed with.

3.Therefore, without going into the merits of this case, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. However, considering the fact that the petitioner is residing in Chennai, his personal appearance before the trial Court is dispensed with the following condition. (i)The petitioner shall appear before the learned District Judge, Family Court, Madurai, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate.

28.03.2023 Index : Yes/No Internet : Yes/No TM 2/4

To 1.The District Judge, Family Court, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 28.03.2023 4/4